THE ONLY THING WE HAVE TO FEAR IS FEAR ITSELF: ISLAMOPHOBIA AND THE RECENTLY PROPOSED UNCONSTITUTIONAL AND UNNECESSARY ANTI-RELIGION LAWS

• Published in: The William and Mary Bill of Rights journal Vol. 21; no. 1; p. 273
• Main Author: Tankle, Lee
• Format: Journal Article
• Language: English
• Published: Williamsburg Bill of Rights Journal 01-10-2012
• Subjects: Fear & phobias; Islam; Islamic law; Jewish law; Muslims; Religion; Terrorism; United States > US
• ISSN: 1065-8254; 1943-135X

"16 Despite the fact that Muslims make up only 0.6% of the American population,17 fear of Islam has inspired multiple states to consider anti-Sharia (Islamic law) provisions.18 While Sharia law has no specific definition, it is essentially Islamic law - an ever-evolving set of interpretations on how to practice the Islamic faith.19 While Islam has many proponents who point out that Islam is a peace-loving religion,20 a number of Americans only identify Islam with the smoldering ruins of the Twin Towers, and view the religion as inherently violent and un-American, leading many to support laws damaging to the Muslim community.21 Recognizing that laws specifically targeting Sharia are unlikely to survive judicial scrutiny, some anti-Muslim proponents and state legislators have proposed laws that ban court consideration of all religious law.22 On November 2, 2010, 70% of Oklahoma voters approved a measure, State Question 755, also known as the "Save our State Amendment," banning state courts from considering or using Islamic Sharia law.23 If the "Save our State Amendment" had gone into effect, Oklahoma Muslims would have faced difficulties in, among other important areas of life, marrying, entering into business contracts, and executing last wills and testaments in accordance with their religious principles.24 CAIR-OK serves as the primary opponent of State Question 755.25 Sadly, throughout CAIR-OK's fight against the Amendment, CAIR has been the victim of vandalism and hate mail.26 This Note will examine the use of religious law, specifically Sharia law, in American courts, the passage of State Question 755, and then discuss the Tenth Circuit Court of Appeals' analysis of the constitutionality of the Oklahoma amendment.27 Furthermore, this Note will argue that, not only is it abundantly clear that State Question 755 is unconstitutional, but other similar proposed laws that seek to ban state court judges from considering any type of religious law are unnecessary and unconstitutional.28 I. Background A. Religious Law in American Courts The First Amendment states in part that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.